Legal Opinion

United States v. James Allen Posey, A/K/A James D. Johnstone

Court of Appeals for the Fifth Circuit

Decided February 21, 1980No. 79-5223PublishedCited by 18 opinions

1Opinion of the Court

GODBOLD, Circuit Judge:

This is a companion case to U. S. v. Edmonds, et al., 611 F.2d 1386, decided this same day. Appellant Posey was tried separately from the Edmonds defendants and convicted.

For the reasons set out in Edmonds, Posey’s Fourth Amendment contentions and his challenges to the grand and petit jury selection process are without merit.

The trial court did not err in admitting into evidence an incriminating statement made by Posey on the night of his arrest, which Posey asserts was given during plea bargaining. See Fed.R.Evid. 410; Fed.R.Crim.P. 11(e)(6).

Under U. S. v. Robertson,…

2Cases cited4 opinions

  1. United States v. Andrew Jackson RobertsonCourt of Appeals for the Fifth Circuit · 1978
  2. United States v. Erwin Edward Ballard, United States of America v. Richard Henry BryanCourt of Appeals for the Fifth Circuit · 1970
  3. United States v. John Wayne Edmonds, Charles M. Jones, Garell Malcom Ingram and Thomas E. CarltonCourt of Appeals for the Fifth Circuit · 1980
  4. United States v. PicarelliCourt of Appeals for the Second Circuit · 1945

3Cited by18 opinions

  1. United States v. Jorge Mendez-OrtizCourt of Appeals for the Sixth Circuit · 1987
  2. Martin M. Rachlin v. United StatesCourt of Appeals for the Eighth Circuit · 1983
  3. United States v. Lawrence C. FractionCourt of Appeals for the Third Circuit · 1986
  4. United States v. Thomas Henry Futch and Jack Roger FowlerCourt of Appeals for the Fifth Circuit · 1981
  5. United States v. YiCourt of Appeals for the Fifth Circuit · 2006

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